By Hapsari Dwi Astuti and Carola Monintja
The Indonesian Government recently made a historical decision to join the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on 13 July 2022, after more than 40 years since the establishment of the Treaty.
The accession to the Budapest Treaty is proof of the commitment of the Indonesian Government towards the advancement and improvement of IP systems in Indonesia. The aim of this accession is to drive the development of inventions by facilitating the protection of biological material (including microorganisms), through government initiatives.
Opportunities for Indonesia
By acceding to the Treaty, the Indonesian Government indirectly brings to light the underutilisation of the country’s abundant biodiversity and natural resources. With its vast land area consisting of roughly 17,504 islands, expansive sea area, and rich tropical rain forests, Indonesia has the potential to develop innovative and sustainable inventions that can benefit both the country and the world.
Microorganisms are essential components of biodiversity and have been found to have significant potential in fields such as medicine, biotechnology, agriculture and food technology. For example, they are the source of antibiotics, required for fermentation in dairy products such as kefir and yogurt, and play a key role in decomposing organic matter to produce fertilizers. Additionally, certain biotechnological processes rely heavily on microorganisms.
Protecting Inventions Involving Microorganisms
In order for a patent to be granted, the patent application typically requires a detailed disclosure of the invention, but as inventions that involve microorganisms cannot be described sufficiently in writing, this disclosure can be accomplished by storing the microorganism at a depository institution.
The existence of the Budapest Treaty eliminates the requirement to deposit the microorganism in each country where the patent protection on the invention using the microorganism is sought, allowing instead the recognition of a one-time deposit made with any International Depositary Authority (IDA) for and before the national patent office of all contracting countries.
Following the accession, the Indonesian Government’s next assignment would to immediately establish or appoint a microorganism depository institution that meets the specified requirements in Indonesia as a repository for patent applications.
We hope that Indonesia’s accession to the Treaty will pave the way for greater local innovation and ultimately lead to the development of new and sustainable solutions to global challenges. If you have any questions or would like further information on this topic, please do not hesitate to contact us at kass@kass.asia!
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